IN THE CASE OF:	

		BOARD DATE:	11 March 2010  

		DOCKET NUMBER:  AR20090013987 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect three awards of the Army Commendation Medal (ARCOM), two with "V" device for valor; that his two ARCOMs for valor be upgraded to two Bronze Star Medals with "V" Device; two additional awards of the Air Medal; and an additional award of the Purple Heart.

2.  The applicant states he is entitled to award of the Purple Heart for wounds received on 26 November 1969 when his pistol accidently discharged and struck his right leg.  He also states that he is entitled to have his two ARCOMs with "V" Device upgraded to two Bronze Star Medals, and that he is also entitled to award of the two additional awards of the Air Medal.

3.  The applicant submitted, in support of his application, a copy of his DD Form 214; two self-authored statements, dated 29 July 2009 and 14 August 2009; pages 2 and 3 of a statement by a former fellow Soldier; and a medical document, dated 26 November 1969.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of 


Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 
3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant requests correction of his records to show two additional awards of the Air Medal and to upgrade his two ARCOMs with "V" Device to two Bronze Star Medals with "V" Device.  There are no orders or other evidence authorizing award of these decorations to the applicant.  In the absence of a proper award authority for these decorations, the applicant may request these awards under the provisions of Title 10, U.S. Code, section 1130.  The applicant has been notified by separate correspondence of the procedures for applying for these decorations under Section 1130 and, as a result, they will not be discussed further in these Proceedings.

3.  The applicant's record shows he was inducted into the Army of the United States on 5 December 1968.
	
4.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 
20 May 1969 to 22 April 1970.  He was assigned to the 5th Battalion, 60th Infantry Regiment.

5.  The applicant's name is listed once on the Vietnam Casualty Roster under casualty status 23, which refers to "hostile wounded in action – not serious – hospitalized" with a date of casualty of 29 July 1969.

6.  General Orders Number 26, Headquarters 3rd Brigade, 9th Infantry Division, dated 26 September 1969, show that he was awarded the Purple Heart for wounds received on 29 July 1969.

7.  The applicant submitted a copy of a medical document, dated 26 November 1969, that shows the entry "Pt [Patient] accidently wounded self in ® [right] leg, minor abrasion on ® calf."

8.  General Orders Number 2958, Headquarters, II Field Force Vietnam, dated 21 October 1969, show the applicant was awarded a third ARCOM with "V" 
Device (second oak leaf cluster) for heroism on 15 September 1969.

9.  General Orders Number 2983, Headquarters, II Field Force Vietnam, dated 22 October 1969, show the applicant was awarded the ARCOM with "V" Device for heroism on 18 August 1969.

10.  General Orders Number 3962, Headquarters, II Field Force Vietnam, dated 11 November 1969, show the applicant was awarded a second ARCOM for meritorious achievement from May to September 1969.

11.  On 8 September 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed a total of 1 year,
9 months, and 4 days of net active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows that the applicant was awarded the National Defense Service Medal, ARCOM with first oak leaf cluster, Combat Infantryman Badge, Purple Heart, Air Medal, Vietnam Service Medal (VSM) with one bronze service star, and the RVN Campaign Medal with Device (1960).

12.  Item 41 (Awards and Decorations) of his DA Form 20 shows that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-16), 2nd Class [Marksman] Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Expert Marksmanship Qualification Badge with Grenade Bar.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  This regulation further shows examples of injuries or wounds which clearly do not justify award of the Purple Heart, such as:

   a.  accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; and

	b.  self-inflicted wounds, except when in the heat of battle and not involving gross negligence.

14.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Army Regulation 600-8-22 states the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of the Army Commendation Medal, Air Medal, or the Bronze Star Medal.

16.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

17.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal with one bronze service star to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam he participated in the Tet 69 Counteroffensive (23 February 1969 - 8 May 1969), Vietnam Summer-Fall 1969 (9 May 1969 - 31 October 1969), and the Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970) campaigns.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 20 July 1970, by Department of the Army General Orders (DAGO) Number 55, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969, by DAGO Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded in action on 29 July 1969 and awarded the Purple Heart.  That award is correctly reflected on his
DD Form 214.

2.  Evidence submitted by the applicant shows that he accidently wounded himself in the right leg/calf on 26 November 1969.  The applicant's self-authored statement confirms that he accidently shot himself in the right leg/calf when his pistol accidentally discharged.  Therefore, he is not entitled to a second award of the Purple Heart for this injury.

3.  Evidence of record shows that the applicant was awarded two ARCOMs with "V" Device for heroism and one ARCOM for meritorious achievement while he was assigned to the RVN.  Therefore, his records should be corrected to show award of the ARCOM with "V" Device (second oak leaf cluster) to denote three awards of the ARCOM, including a "V" Device for heroism.  However, he is not entitled to any additional "V" Devices for wear on his ARCOM.

4.  The evidence of record shows that the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded VSM.

5.  General orders show that the 5th Battalion, 60th Infantry Regiment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while the applicant was assigned to this unit.  Therefore, he is entitled to correction of his records to show these unit awards.

6.  Evidence of record show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Expert Marksmanship Qualification Badge with Grenade Bar which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show these qualification badges.

BOARD VOTE:

_________  ________  _______ GRANT FULL RELIEF 

___X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual be corrected by:
	a.  deleting from item 24 of his DD Form 214 the Army Commendation Medal with first oak leaf cluster and the Vietnam Service Medal with one bronze service star; and

	b.  adding to item 24 of his DD Form 214 the Army Commendation Medal with "V Device (second oak leaf cluster), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Expert Marksmanship Qualification Badge with Grenade Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of an additional Purple Heart and correction of his DD Form 214 show two awards of the Army Commendation Medal with "V" Device.




      ___________X______________
      		            CHAIRPERSON

I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090013987



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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